Posted on 11/14/2008 7:05:09 PM PST by solfour
The California secretary of state should refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Alan Keyes and others.
The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama's status as a "natural-born citizen," a requirement set by the U.S. Constitution.
WND senior reporter Jerome Corsi even traveled to Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.
The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn't ordered it made available to settle the rumors.
(Excerpt) Read more at worldnetdaily.com ...
“Based on Donofrio’s explanation and what I was taught, Bobby Jindal would not be considered a natural born citizen either.”
Read the 14th Amendment AND Blackstone Book 1, Chapter 10.
14th Amendment automatically makes ANYONE born in the United States a “citizen”.
We have to assume that it means “natural born”. Otherwise, NO ONE born AFTER 9 July 1868 would be eligible AND EVERY POTUS since like Teddy Roosevelt would NOT have qualified.
As for children of aliens born in the U.S., Blackstone clearly states that English Common Law the children of aliens, who are born in England, are, generally speaking, natural-born subjects, and that this differed from the Constitution of France in that a child, born of foreign parents, is an alien.
I read where the seating is by seniority in one passage, and in another read, mutual agreement is the way seats are selected. Knowing human nature; I would wager that the justices sit in the same seat each and every time.
I recall the times that I attended conferences, or seminars, and audience members developed habits very quickly in where they sat. Humans are such creatures of habit, so much so, that the speaker(s) would intentionally direct the participants to mix up the seating upon their return from breaks, in order to facilitate networking and to take people out of their comfort zones.
I am certainly not “learned” on these matters, but this case concerns a possible Constitutional crisis in voting in the Commander in Chief of our country! This is not the everyday kind of case with folks bringing suits concerning their rights being violated. Not that those cases aren't important, they certainly are. But the decision the Justices must make on Donafrio’s case will affect everyone in our country and the world!
I would think this case is one Justices most certainly would take on. After all, their main duty is to make sure our Constitution is upheld, and to think the Office of President could be endowed on someone who does not meet the very basic constitutional requirements to be President is abhorrent! I don't think there is a more important decision for them to make and to make RIGHT than this one!
I respect your opinion as much as anyone here, as you are well informed, reasonable, and from the tone of your posts, passionate about the protection of the US Constitution, and in doing so, protecting our nation.
The use of the word ‘learned’ may have carried a loaded connotation in my post... perhaps a less kind word substitution for ‘learned’ (in my use) would be ‘opinionated’ or harsher yet, ‘a know it all’. ;o)
I agree wholeheartedly with you that there are only an exceptionally few issues (ever) to come before the Court, that have as much at stake for our nations’ future, as does this issue.
My hubby and I are so very concerned for our country. We are continuing to pray that our SC Justices will uphold the Constitution and make sure NO ONE ever takes the Office of President without meeting the constitutional requirements.
I wonder now if the fact that Donafrio’s case will bring an important decision on Dec.5th, if that will cause more pressure on Obama to be more forthcoming in his response to the Berg case on Dec.1st. Also wonder if there has been anything new on the Keyes case. It is just unreal that there is nothing being mentioned in the media which means most Americans do not even know this is happening!
I think you are misunderstanding what Donofrio is contending in his case.
Under the interpretation used in Donofrio’s case a person not only has to be born in the United States, but they also must not have any foreign allegence at birth.
Jindal’s parents were citizens of India, not citizens of the United States at the time Bobby Jindal was born. Based on Donofrio’s interpretation of the constitution he would not be qualified because all though he was born in the United States, his parents would have passed on to him Indian citizenship at the time of his birth.
Donofrio contends that in order to be natural born a person can not have divided loyalties at the time of their birth. Jindal’s loyalties would have been divided between India and the United States at the time of his birth and therefore would be ineligible to be President. Jindal is a citizen of the U.S., but not a natural born citizen of the United states based on Donofrio’s interpretation of the Constitution.
Donofrio in one of his radio broadcasts specifically mentioned that the 14th amendment concerns who is a citizen of the United States, not who is a natural born citizen.
Any person who was born in the United States to parents that were also born in the United States and had no other citizenship at the time of the child’s birth would be natural born citizens under the interpretation used in Donofrio’s case.
I hope this clarifies how Donofrio is interpreting the Constitution in his case. I do not remeber Donofrio mentioning Blackstone, so I don’t know if he has taken that into consideration or not.
Natural born is not a new concept and has been around for hundreds of years. It is not difficult or a tricky idea. As I posted the definition from Black’s Law Dictionary above explaining it. It is unfortunate that the filer did not familiarize himself with the idea before this destructive lawsuti was filed.
Put since it appears to be an attempt to allow Obama to get off the hook I presume the filer actually did know that it means his suit is ludicrous. This is the best defense Zero has come up with yet. By mudding up the case with the idiocy about McCain the chance Obama will skate foreign father and all has vastly increased.
There is no confusion about the definition of Natural born merely an attempt TO confuse the issue.
Oh, and the Court has yet to “take the case”.
No insult was intended by my comment.
Any case postulated on the belief that the children of US military or diplomatic personnel are not Natural born stands on nothing. It is a ridiculous claim on its face and will only weaken the attempt to stop a truly ineligible person from taking the office. It is a very clever ploy to help Zero I must admit.
You obviously have a lot more knowledge of the law that I do. I had never heard of English law definitions being used to decide U.S. law. I learn so much on these threads, that is why I enjoy being a member of FR.
I know at one point in time we had people serving in the U.S. Military that were not U.S. citizens. By serving in the military they were able to apply for citizenship sooner I think. If a non citizen serving in the military has a child born overseas would their child be a natural born citizen too under the English law you have referenced?
Let be perfectly clear. . .If we face a Constitutional challenge/crisis here because it is found that Obama is not a fully legitimate citizen; then Obama must be charged for his criminal attempt to subvert our laws, our Constitution; while violating every citizen as he ‘willed himself’ to power. There can be no bigger ‘con’ job.
All I can claim much knowledge regarding the law of is the wording of the Constitution.
Legal education around the time of the Founding consisted mainly of the study of Blackstone. Legal study was often private not thru the universities but by becoming an apprentice under a practicing lawyer.
Initially almost all the concepts were borrowed from England.
As to the child of non-citizen military personnel being citizens if born overseas I would say no. It requires both citizenship of the parents and being in an assignment serving the purposes of the government.
We are dealing with two methods of passing on citizenship: 1) actual birth within the jurisdiction of the US and 2) birth to members of the polity itself even if not within the geographical confines of the state.
(If true. . .of course; but why would this be an issue is there was not more than just smoke here.)
He, in is arrogance, doesn’t believe that the court challenges will go anywhere.
None taken, just asking.
Well, no doubt part of the ‘messiah’ thing. Who WOULD dare. . .to go there; particularly, with so many crazed converts. There is ‘power’ here. . .and Obama fashioned and created the ‘power creature’. . .MSM fed it. . .grew it.
Oh, and the Court has yet to “take the case”.
OK- I admit: the Court has yet to grant a review to the Donofrio Petition for Writ of Certiorari.
But them thar smart fellars with the robes sure do have their fingers on some of cuz’n Leo’s papers and they’re gonna’ be holed up in their favorite loungin’ room in pert near 2 weeks, takin’ a peek at em.
You know what Nully, you will ALWAYS be welcome in my home in Canda. Yeah, we haven’t received the full of effects of everything yet but we have a family that prays together and stays together and we HAVE prepared for what we KNOW is coming. You are my dear friend, and my famiy will accept you as one their own - count on it. I pray that that Dad is doing better. Let me know. Love CO
It should only take a couple of minutes to throw out the attempt to disqualify McCain and the Court my be laughing so hard they throw everything out.
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